Washington Reports Volume 68 (Paperback)

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1912 edition. Excerpt: ...its business as a common carrier, to construct and maintain a passenger station and freight terminals with the necessary yards, transfer and switching tracks at a point other than its present location, and to that end had relocated and determined to construct such facilities on the lots before mentioned. At the hearing, the respondent Linden appeared and contested the relator's right to an order of condemnation. The court at the conclusion of the hearing denied the petition, holding that the relator had not complied with the preliminary requirements of the statute relating to condemnation proceedings, and had not shown facts sufficient to warrant the conclusion that the public interests required the prosecution of the enterprise. The holding that the railway company had not complied with the statutes relating to condemnation proceedings is based upon the resolution of the board of directors of the company directing the change to be made. The resolution offered in evidence merely authorized the construction of a passenger station and freight terminals with the necessary yards, transfer and switching tracks and other necessary facilities on the blocks sought to be condemned, and directed the acquisition of the blocks by purchase or condemnation, as it may be deemed proper. The resolution did not authorize any connecting tracks between the land sought to be con demned and the present main line of the road and it is this fact that is thought to render the resolution insufficient. It is claimed that a formal_ resolution by the directors of a railway company designating the route of a proposed track "by indicating the places from and to which the track is to be constructed" is by statute a necessary prerequisite to making a...